A bar in Gaithersburg allegedly served a drunk patron, who then crashed his car, resulting in the death of 10-year-old girl. The trial judge is now breaking precedent by declaring that bars should be held liable for the death of those harmed by intoxicated customers served alcohol in their establishment. The girl’s grandfather is suing the Dogfish Head Alehouse’s owners for $3.25 million. The last time a top court ruled against “dram shop” liability for bars was in 1981, according to news reports.

“A bar owner who continuously serves drinks to intoxicated individuals and makes no attempt to ensure that the individual has alternative means home should expect that the intoxicated person can get into an accident”

wrote the judge. Andrew E. Bederman, the grandfather’s attorney, praised the judge for doing the “right thing even though existing law would say otherwise.”

A University of Maryland Law professor said, “As a matter of legal process we ordinarily require trial court judges to follow the state’s highest court even if they disagree.” “What he’s doing is asking, or inviting, the Court of Appeals to overturn their precedent.”

As a Silver Spring car accident lawyer, my thoughts are with the family of those harmed. I hope nobody else was hurt in this collision. If you or a loved one were harmed in an auto accident, discuss your case with a personal injury attorney who can evaluate your case and help protect your rights, along with answer any important legal questions you may have regarding your claim. A personal injury lawyer can help guide you through your case by assisting you with the legal processes associated with your case in order to reach the best possible outcome for your claim.